The Second Amendment, Good Or Bad it is a right!!!
As I promised yesterday, I’m going to write a blog about the Second Amendment today but first let us read the Second Amendment to the Constitution of the United States:
Amendment 2: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” These 27 words have kept America save for well over 200 years. However until just recently people especially “Anti-Gun” politicians relied on the words, “…well regulated Militia…” as to say that individual Americans have no right to carry or “bear” Arms. The Supreme Court in District of Columbia v. Heller June 26, 2008 No. 07-290. The affirming justices stated clearly that: “The Constitution leaves the District of Columbia a variety of tools for combating that problem, including some measures regulating handguns, see supra, at 54-55, and n. 26.” “But the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home. Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.”
With this decision all cities and states that banned all out all weapons or handguns, are in violation of the Constitution of the United States. I assume this would include the expired “Assault Weapons Ban.” From the opinion and the affirming judgment above, the Supreme Court has indicated that the Second Amendment grants an “individual right,” and not a right just for a “Militia.” However the Supreme Court in the affirming opinion stated this: “absolute prohibition of handguns held.” Those words may mean, that if the “Assault Weapons Ban,” comes upon the desk of the President of the United States a new lawsuit will be required. However thankfully, due to the coming elections for people such as Senate Majority Leader: Harry Reid (D-NV) and Speaker of the House Nancy Pelosi (D-CA) a new “Assault Weapons,” ban brought forth by Attorney General of the United States Eric Holder, will not be coming forth anytime soon. Reid’s spokesman Jim Manley stated: “Sen. Reid would oppose an effort [to] reinstate the ban if the Senate were to vote on it in the future.” (http://thehill.com/leading-the-news/reid-joins-pelosi-in-opposing-weapons-ban-revival-2009-02-26.html)
In 2008 5 Republicans sponsored a revival to the “Assault Weapons Ban,” this was H.R. 6257 which was sponsored by Rep. Mark Kirk (R-IL), Rep. Michael Castle (R-DE), Rep. Michael Ferguson, Rep. Ileana Ros-Lehtinen (R-FL), and Rep. Christopher Shays. – Mark Kirk is still a Representative, Michael Castle is also still a Representative, Rep. Michael Ferguson was succeeded by Rep. Leonard Lance (R-NJ) in 2008, Rep. Ileana Ros-Lehtinen is still a Representative, and Rep. Christopher Hayes was succeeded by Jim Himes (D-CT).
So, 2 Republicans paid for this sponsorship with their jobs even though this bill never got out of committee. That alone shows the power of the Second amendment. I could sit here and print the number of people and the companies and the organizations and every person who is against the “right to bear Arms, but that would just be to use space, I will otherwise post the link and you can check it out for yourself… (http://www.nraila.org/Issues/FactSheets/Read.aspx?id=15&issue=011)
However what I am going to do is illustrate some people who understood our need for guns, and spoke about that need:
“When only cops have guns, it’s called a “police state.” Love your country, but never trust its government – Robert A. Heinlein - American Science Fiction Writer.
“No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” – Thomas Jefferson, 1 Thomas Jefferson Papers, 334 - Third President of the United States.
“The very atmosphere of firearms anywhere and everywhere restrains evil interference – they deserve a place of honor with all that’s good.” – George Washington – First President of the United States.
“The best we can hope for concerning the people at large is that they be properly armed.” – Alexander Hamilton, The Federalist Papers at 184-188 – First Secretary of Treasury of the United States.
“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” – Benjamin Franklin, Historical Review of Pennsylvania, 1759. – Sixth President of the Supreme Executive Council of Pennsylvania.
“Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent… The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding.” – Supreme Court Justice Louis Brandeis
“This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it or their revolutionary right to dismember it and overthrow it.” – Abraham Lincoln, 4 April 1861 – Sixteenth President of the United States.
“One of the ordinary modes, by which tyrants accomplish their purposes without resistance, is, by disarming the people, and making it an offense to keep arms.” – Constitutional scholar Joseph Story, 1840
“The bearing of arms is the essential medium through which the individual asserts both his social power and his participation in politics as a reasonable moral being…” – J.G.A. Pocock, describing the beliefs of the founders of the U.S.
“Men trained in arms from infancy, and animated by the love of liberty, will afford neither a cheap or easy conquest.” – From the Declaration of the Continental Congress, July 1775.
“As to the species of exercise, I advise the gun. While this gives [only] moderate exercise to the body, it gives boldness, enterprise, and independence to the mind. Games played with the ball and other of that nature, are too violent for the body and stamp no character on the mind. Let you guns, therefore, be the constant companion to your walks.” – Thomas Jefferson, writing to his teenaged nephew. - Third President of the United States
“No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” –16 Am. Jur. Sec. 166 late 2d, Sec 256 (Unconstitutional Official Acts)
“The state calls its own violence ‘law,’ but that of the individual ‘crime’.” – Max Stirner – German Philosopher
“Taking my gun away because I might shoot someone is like cutting my tongue out because I might yell ‘Fire!’ in a crowded theater.” – Peter Ventoklis
“The right of the citizens to keep and bear arms has justly been considered the palladium of the liberties of a republic; since it offers a strong moral check against usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.” – Supreme Court Justice Joseph Story of the John Marshall Court
“A militia when properly formed, are in fact the people themselves… and include all men capable of bearing arms.” – Senator Richard Henry Lee, 1788, on “militia” in the 2nd Amendment
“Are we at last brought to such a humiliating and debasing degradation, that we cannot be trusted with arms for our own defense? Where is the difference between having our arms in our own possession and under our own direction, and heaving them under the management of the Congress? If our defense be the *real* object of having those arms, in whose hands can they be trusted with more propriety, of equal safety to us, as in our own hands?” – Patrick Henry, speech of June 9, 1788.
“To disarm the people… was the best and most effectual way to enslave them.” – George Mason, speech of June 14, 1788.
“The great object is, that every man be armed. […] Everyone who is able may have a gun.” – Patrick Henry, speech of June 14, 1788.
“Such are a well regulated militia, composed of the freeholders, citizen and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen.” – “M.T. Cicero”, in a newspaper letter of 1788 touching the “militia” referred to in the Second Amendment to the Constitution.
“The the said Constitution shall never be construed to authorize Congress to infringe the just liberty of the press or the rights of conscience; or to prevent the people of the United States who are peaceable citizen from keeping their own arms… -- Samuel Adams, in “Phila. Independent Gazetteer”, August 20, 1789
“The danger (where there is any) from armed citizens, is only to the *government*, no to *society*; and as long as they have nothing to revenge in the government (which they cannot have while it is in their own hands) there are many advantages in their being accustomed to the use of arms, and no possible disadvantage.” – Joel Barlow, “Advice to the Privileged Orders”, 1792-93
“[The disarming of citizens] has a double effect, it palsies the hand and brutalizes the mind: a habitual disuse of physical forces totally destroys the moral [force]; and men lose at once the power of protecting themselves, and of discerning the cause of their oppression.” – Joel Barlow, “Advice to the Privileged Orders”, 1792-93
“You need only reflect that one of the best ways to get yourself a reputation as a dangerous citizen these days is to go about repeating the very phrases which our founding fathers used in the great struggle for independence.” – Attributed to Charles Austin Beard (1874-1948)
“Every Communist must grasp the truth, ‘Political power grows out of the barrel of a gun.’ – Mao Tse-tung, 1938, inadvertently endorsing the Second Amendment.
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” –Robert A. Heinlein, “Beyond This Horizon”, 1942
“The right to buy weapons is the right to be free.” – A.E. Van Vogt, “The Weapon Shops Of Isher”, ASF December 1942
“Rifles, muskets, long-bows and hand-grenades are inherently democratic weapons. A complex weapon makes the strong stronger, while a simple weapon – so long as there is no answer to it – gives claws to the weak.” – George Orwell, “You and the Atom Bomb”, 1945
“Certainly one of the chief guarantees of freedom under and government, no matter how popular and respected, is the right of the citizens to keep and bear arms. […] the right of the citizens to bear arms is just one guarantee against arbitrary government and one more safeguard against a tyranny which now appears remote in America, but which historically has proven to be always possible.” – Hubert H. Humphrey, 1960
“No matter how one approaches the figures, one is forced to the rather startling conclusion that the use of firearms in crime was very much less when there were no controls of any sort and when anyone, convicted criminal or lunatic, could buy any type of firearm without restriction. Half a century of strict controls on pistols has ended, perversely, with a far greater use of this weapon in crime than ever before. – Colin Greenwood, in the study “Firearms Control”, 1972
“Let us hope our weapons are never needed –but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government – and a few outlaws. I intend to be among the outlaws.” –Edward Abbey, “Abbey’s Road”, 1979
“If I were to select a jack-booted group of fascists who are perhaps as large a danger to American society as I could pick today, I would pick BATF [the Bureau of Alcohol, Tobacco, and Firearms]. – U.S. Representative John Dingell, 1980
“… a government and its agents are under no general duty to provide public services, such as police protection, to any particular individual citizens…” – Warren v. District of Columbia, 444 A.2d 1 (D.C. App. 181)
“The conclusion is thus in inescapable that the history, concept, and working of the second amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicated that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner.” –Report of the Subcommittee On the Constitution of the Committee On The Judiciary, United States Senate, 97th Congress, second session (February, 1982), SuDoc# Y4.J 89/2: Ar 5/5
“I don’t like the idea that the police department seems bent on keeping a pool of unarmed victims available for the predations of the criminal class.” – David Mohler, 1989, on being denied a carry permit in NYC.
“Americans have the will to resist because you have weapons. If you don’t have a gun, freedom of speech has no power.” – Yoshimi Ishikawa, Japanese author, in the LA Times 15 Oct. 1992
“You know why there’s a Second Amendment? In case the government fails to follow the first one.” – Rush Limbaugh, in a moment of unaccustomed profundity 17 Aug. 1993
“Those who make peaceful revolution impossible will make violent revolution inevitable. – John F. Kennedy
To end this blog I’m going to give you the states and their gun laws and then their crime rates…
As of 2007, Violent Crime Rates per 100,000 populations:
Alabama is a Discretionary-Reasonable Issue State: 245.8
Alaska is a No Permit Required State: 661.2
Arizona is a Shall Issue State: 482.7
Arkansas is a Shall Issue State: 529.4
California is a Right Restricted-Very-Limited Issue: 522.6
Colorado is a Shall Issue State: 347.8
Connecticut is a Discretionary-Reasonable Issue State: 256.0
Delaware is a Right Restricted-Very-Limited Issue: 689.2
District of Columbia (Before Heller Case) is a Right Infringed – Non Issue State : 1,414.3
Florida is a Shall Issue State: 722.6
Georgia is a Shall Issue State: 493.2
Hawaii is a Right Restricted-Very-Limited Issue State : 272.8
Idaho is a Shall Issue State: 239.4
Illinois (Complete Data Not Available) is a Right Infringed – Non Issue State : 533.2
Indiana is a Shall Issue State: 333.6
Iowa is a Discretionary-Reasonable Issue State: 294.7
Kansas is a Shall Issue State: 452.7
Kentucky is a Shall Issue State: 295.0
Louisiana is a Shall Issue State: 729.5
Maine is a Shall Issue State: 118.0
Maryland is a Right Restricted-Very-Limited Issue: 641.9
Massachusetts is a Right Restricted-Very-Limited Issue: 431.5
Michigan is a Shall Issue State: 536.0
Minnesota is a Shall Issue State: 288.7
Mississippi is a Shall Issue State: 291.3
Missouri is a Shall Issue State: 504.9
Montana is a Shall Issue State: 287.5
Nebraska is a Shall Issue State: 302.4
Nevada is a Shall Issue State: 750.6
New Hampshire is a Shall Issue: 137.3
New Jersey is a Right Restricted-Very-Limited Issue: 329.3
New Mexico is a Shall Issue State: 664.2
New York is a Right Restricted-Very-Limited Issue: 414.1
North Carolina is a Shall Issue State: 466.4
North Dakota is a Shall Issue State: 142.4
Ohio is a Shall Issue State: 343.2
Oklahoma is a Shall Issue State: 499.6
Oregon is a Shall Issue State: 287.6
Pennsylvania is a Shall Issue State: 416.5
Rhode Island is a Right Restricted-Very-Limited Issue: 227.3
South Carolina is a Shall Issue State: 788.3
South Dakota is a Shall Issue State: 169.2
Tennessee is a Shall Issue State: 753.3
Texas is a Shall Issue State: 510.6
Utah is a Shall Issue State: 234.8
Vermont is a No Permit Required State: 124.3
Virginia is a Shall Issue State: 269.7
Washington is a Shall Issue State: 333.1
West Virginia is a Shall Issue State: 275.2
Wisconsin is a Right Infringed – Non Issue State : 290.9
Wyoming is a Shall Issue State: 239.3
From this whether it is good or bad we find:
For Shall Issue States the violent crime rate ranges from: 118.0 (ME) – 788.3 (SC)
For Discretionary-Reasonable Issue States the violent crime rate ranges from: 245.8 (AL) – 294.7 (IA)
For No Permit Required Issue States the violent crime rate ranges from: 124.3 (VT) – 661.2 (AK)
For Right Very-Limited Issue States the violent crime rate ranges from: 227.3 (RI) – 641.9 (MD)
For Right Infringed – Non Issue States the violent crime rate ranges from: 290.9 (WI) – 1,414.3 (DC)
From these facts we’ll let you decide which is better so that you can petition your state to do what you think is right. Thank you for reading the blog and please visit www.thedavidhittleshow.com and listen to my radio show at www.blogtalkradio.com/waytwofast Thank you and God Bless!